MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 21
DALLAS, TEXAS
OCTOBER 13, 1973
INDEX
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
held at Dallas, Texas
October 13, 1973
VOLUME NO. 21
74- 1
74- 2
74- 3
74- 4
74- 5
74- 6
74- 7
74- 8
74- 9
74-10
74-11
74-12
74-13
74-14
74-15
74-16
74-17
74-18
74-19
Approval of Minutes of July 28, 1973
Faculty and Staff Appointments
Acceptance of Resignations
Changes in Status
Approval of Leave of Absence
Returns from Leave
Retirement
Approval of Final 1972-73 Budget Standing
Contract - Renovation of Boynton Building (Pigg Construction)
Architectural Contract - Observatory (Kent, Marsellos § Scott)
Change Order No. 8 - Stadium (Loggins Construction Co.)
Approval of Amendment to Blue Cross Insurance Contract
Change Order No. 1 - LaNana Creek Improvement (Vardeman)
Approval of Sums to be Appropriated for 1973-74
Approval for Items in Boynton Building to be Loaned to
the City Library
Approval of Curriculum Items
Order to Petition Coordinating Board for Major in Finance (BBA)
Approval of Constitution of Student Community of SFASU
Appointment of Committee to Study Request of Tex-Pirg Inc
(Student Chapter)
Page
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MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
October 13, 1973
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 8:30 a.m. October 13, 1973.
PRESENT:
Members: R. E. McGee of Houston
Joe Bob Golden of Jasper
Walter Todd of Dallas
Robert C. Gray of Austin
Glenn Justice of Dallas
Douglas Bergman of Dallas
Ernest Powers of Carthage
Mrs. George Cullum, Jr. of Dallas
James I. Perkins of Rusk
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-1
Upon motion of Regent Gray, seconded by Regent Golden, with all Regents
voting aye, it was ordered that t^he Minutes of the meeting of July 28,
1973, be approved.
74-2
Upon motion of Regent Justice, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the following individuals be
employed for the positions, dates and salaries indicated:
1. Department of Art
Mrs. Emma B. Corcoran, 30, M. A. (Florida State University),
Assistant Professor of Art at a salary rate of $10,500 for nine
months, effective August 27, 1973.
Dr. Glenn Bill Williams, 33, Ph.D. (North Texas State University),
Assistant Professor of Art at a salary rate of $11,000 for nine
months, effective August 27, 1973. Dr. Williams has completed the
Ph.D. degree and was therefore eligible for reemployment.
Mr. Leslie Benson Warren, 26, M.F.A. (Stephen F. Austin State
University), Graduate Interne in Art at a salary rate of $7,500
for nine months, effective August 27, 1973. This is a temporary
nonrenewable nine-months contract.
2. Department of Communication
Mr. Paul E. Potter, 35, M.F.A. (Southern Methodist University),
Assistant Professor of Communication at a salary rate of $11,500
for nine months, effective August 27, 1973.
Dr. William G. Powers, 30, Ph.D. (University of Oklahoma), Assistant
Professor of Communication at a salary rate of $11,500 for nine
months, effective August 27, 1973.
3. Department of History
Mr. Ivy Eugene Kirkpatrick, 30, M.Div. (Southwestern Seminary),
Instructor of History at a salary rate of $9,500 for nine months,
effective August 27, 1973. This is a temporary non-renewable
nine-months contract.
4. Department of Home Economics
Mrs. Betsy Cullison Shaw, 31, M.S. (East Texas State University),
Instructor of Home Economics (one-fourth time for one semester only) ,
at a salary rate of $1,000 for the Fall Semester, 1973 only, effective
August 27, 1973. This is a temporary non-renewable contract.
Mrs. Mary Kate Weems, 30, M.S. (Texas Tech University), Instructor
of Home Economics at a salary rate of $9,500 for nine mpnths,
effective August 27, 1973. This is a one-year appointiqent that
may be renewed.
5. Department of Office Administration
Mrs. Karen M. Sides Grunert, 23, M.B.E. (Stephen F. Austin State
University), Graduate Interne in Accounting (one-half time) and
Office Administration (one-half time), at a salary rate of $7,500
for nine months, effective August 27, 1973. This is a temporary
non-renewable contract.
6. Department of Psychology
Dr. Dan G. Minner, 29, Ph.D. (University of Denver), Assistant
Professor of Psychology at a salary rate of $11,000 for nine
months, effective August 27, 1973.
Dr. Richard Lawrence Pollock, 28, Ph.D. (Syracuse University),
Assistant Professor of Psychology at a salary rate of $11,000
for nine months, effective August 27, 1973.
7. Department of School Services
Dr. David L. Jeffrey, 33, Ed. D. (Oklahoma State University),
Assistant Professor of School Services at a salary rate of $12,000
for nine months, effective August 27, 1973.
Mrs. Judith Snellgrove Huffty, 32, M. A. (George Peabody College),
Instructor of School Services (half-time for the fall semester, 1973
only), at a salary rate of $2,000 for the fall semester, effective
August 27, 1973.
Mrs. Hettie Finney Legg, 26, M.A. (Michigan State University),
Instructor of School Services at a salary rate of $9,500 for nine
months, effective August 27, 1973.
8. Department of Sociology
Mr. William T. Toney, Jr., 60, M. A. (Sam Houston State University),
Instructor of Sociology at a salary rate of $9,500 for nine months,
effective August 27, 1973. This is a temporary non-renewable nine-months
contract.
Miss Arnedia Chatman, 23, M.A. (Stephen F. Austin State University),
Graduate Interne in Sociology at a salary rate of $7,500 for nine
months, effective August 27, 1973. This is a temporary non-renewable
nine-months contract.
21-3
9. Department of Secondary Education
Mr. Newel Gene Holland, 42, M.Ed. (Stephen F. Austin State University),
Instructor of Secondary Education (one-half time) at a salary rate
of $5,000 for nine months,
10. Department of Theatre
Mr. Clifford Gregory Smith, 24, M.A. (Northern Illinois University),
Instructor of Theatre at a salary rate of $8,500 for nine months,
effective August 27, 1973.
11. Institutional Research
Mrs. Barbara Ann Fountain, 22, B.S. (Stephen F. Austin State
University - expected May 1974), Director of Institutional Research
at a salary rate of $3,375 for three-fourths time for nine months,
effective August 27, 1973.
12. Department of Physics
Mr. Leonard Monroe Earls, 24, M.S. (University of Missouri at
Kansas City), Machinist in Physics Shop, at a salary rate of $8,500
for twelve months, effective August 27, 1973.
13. Student Affairs Division
Mr. Jon Lee Allen, 20, Patrolman, University Police Department, at
a salary rate of $6,000 for twelve months, effective August 16, 1973.
Mrs. Cynthia R. Grissom, 21, B.S.Ed. (Stephen F. Austin State
University), Administrative Secretary, Vice President for Student
Affairs, at a salary rate of $408 for the month of August and $5,400
for twelve months effective September 1, 1973.
Dr. John Redman, 63, M.D. (University of Arkansas), Physician,
Health Services, at a salary rate of $2,000 for the month of
August, and $24,000 for ten and a half months, effective September
1, 1973.
Ms. Paulette J. Siller, 28, B.S.Ed. (University of Houston), Pro
gram Consultant at a salary rate of $625 for the month of August,
effective August 23, 1973, and $7,800 for twelve months, effective
September 1, 1973.
Mr. Tommy J. Waits, 23, Vending Route Man, at a salary rate of
$6,942 for twelve months, effective September 1, 1973.
21-4
74-3
Upon motion of Regent Powers, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Department of Geology
Dr. Volker W. Gobel, Assistant Professor of Geology, effective
August 31, 1973. Dr. Gobel has accepted employment in Germany,
2. Department of Office Administration
Mrs. Margaret Sue Squier, Instructor of Office Administration,
effective June 4, 1973. Mrs. Squier has accepted other employment.
3. Department of Psychology
Dr. Larry E. Beutler, Assistant Professor of Psychology, effective
August 31, 1973. Dr. Beutler has accepted other employment.
4. Department of School Services
Mrs. L. Ann Ahrens, Instructor of School Services, effective August
31, 1973. Mrs. Ahrens is working full time toward the Ph.D. degree.
5. Department of Sociology
Mr. Neil W. Sullivan, Assistant Professor of Sociology, effective
August 27, 1973. Mr. Sullivan did not accept the position.
6. Library
Mrs. Janice Speer Lange, Acting Reference Librarian, effective
August 17, 1973. Mrs. Lange was employed on a temporary basis
while Mrs. Ann Prassel was on leave.
7. University Computer Center
Mr. Jimmy N. Alford, Computer Operator, effective September 21,
1973. Mr. Alford accepted other employment.
8. Physical Plant
Mr. Alvin Gossage, Electrician, effective August 30, 1973. Mr.
Gossage resigned for personal reasons.
9. Student Affairs Division
Mrs. Pamella C. Collins, Administrative Secretary to Vice President
for Student Affairs, effective July 31, 1973. Mrs. Collins is
moving to Dallas.
21-5
Mrs. Linda Gail Holt, Program Consultant, effective August 23,
1973. Mrs. Holt resigned in order to devote more time to her family.
Mr. Vincent Louis Lembo, Director of Residence Hall Programs, Student
Development, effective August 1, 1973. Mr. Lembo is leaving to
continue his education.
74-4
Upon motion of Regent Gray, seconded by Regent Justice, with all Regents
voting aye, it was ordered that the following changes in status be approved
1. Department of History
Dr. Bobby H. Johnson, Associate Professor of History, from a salary
rate of $13,200 to $13,400 for nine months, effective September 1,
1973. This is to correct a budget error.
2. Department of Mathematics
Dr. Jasper E. Adams, Associate Professor of Mathematics, from a
salary rate of $12,000 to $13,250 for nine months, effective September
1, 1973. Dr. Adams will teach three-fourths time and direct the
Statistics Laboratory one-fourth time.
3. University Computer Center
Mr. Benjamin W. Jarboe, from Systems Programmer at a salary rate
of $10,700 to Manager of Systems and Operations at a salary rate
of $14,000 for twelve months, effective September 1, 1973.'
4. Student Affairs Division
Mr. Oscar Clay Blankenship from Laundry Vending Route Man to Food
Vending Route Man, at a salary rate of $7,209 for twelve months,
effective September 1, 1973.
Mrs. Almita Musick from Director of Placement to Director of
Residence Hall Programs, at a salary rate of $12,000 for twelve
months, effective September 1, 1973. Mrs. Musick is filling the
position vacated by Mr. Lembo.
Mr. Van P. Samford from Associate Dean of Student Development to
Director of Placement at a salary rate of $16,400 for twelve
months, effective September 1, 1973.
74-5
Upon motion of Regent Todd, seconded by Regent Powers, with all Regents
voting aye, it was ordered that the following leave of absence be
approved:
21-6
1. Department of English
Dr. Leonard A. Cheever, Associate Professor of English, for the
academic year, 1973-74. Dr. Cheever has accepted an appointment
as Latin American Teaching Fellow in Guatemala.
74-6
Upon motion of Regent Todd, seconded by Regent Justice, with all Regents
voting aye, it was ordered that the following returns from leave be
accepted:
1. Department of Art
Mr. Donald Ray Beason, Assistant Professor of Art, at a salary rate
of $10,850 for nine months, effective August 27, 1973. Mr. Beason
was in Italy on a Fulbright-Hays Grant for one year.
2. Department of Geology
Dr. Nancy S. Alexander, Assistant Professor of Geology, at a salary
rate of $12,000 for nine months, effective August 27, 1973. Dr.
Alexander has completed the Ph.D. degree at Southern Methodist
University.
3. University Computer Center
Mr. Al Trussell, Director of the University Computer Center, at a
salary rate of $18,800 for twelve months, effective September 1,
1973. Mr. Trussell attended a summer institute of linguistics at the
University of Oklahoma.
74-7
Upon motion of Regent Cullum, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following retirement be accepted:
1. Physical Plant
Mr. Joe L. Kinsey, Air Conditioning and Electrical Systems Specialist,
effective August 31, 1973.
74-8
Upon motion of Regent Powers, seconded by Regent Cullum, with all Regents
voting aye, it was ordered that the final August 31 budget standings for
the fiscal year 1972-73 as summarized hereafter and as detailed in the
August Monthly Financial Report be approved.
(see attached list)
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STEPHKN F. AUSTIN STATE UNIVERSITY
FINAL BUDGET POSITION
FOR THE TWELVE MONTHS ENDING AUGUST 31, 1973
Current Funds 1972-73
Educational Auxiliary Pledged
and General Enterprises Properties Total
Income - Original budget estimate $ 9,773,550.00 $792,350.00 $6,431,550.00 $16,997,450.00
Income - Actually realized 9,845,832.24 839,954.69 6,701,744.86 17,387,531.79
oo
Expenditures - Orig. budget estimate 9,734,422.00 841,595.00 6,050,781.00 16,626,798.00 1
Expenditures - Actually incurred (*1) 10,043,479.82 870,887.90 5,754,271.79 16,668,639.51 ^
Ending Balance - Orig. budget estimate 439,128.00 150,755.00 880,769.00 1,470,652,00
Ending Balance - Actually Realized 320,639.85 326,731.77 729,887.73 1,377,259.35
(*1) Includes payment of
8-31-72 Orders Outstanding 303,023.08 10,225.90 74,486.23 387,735.21
74-9
Upon motion of Regent Gray, seconded by Regent Justice with all Regents
voting aye, it was ordered that the contract for $409,045, and Change
Order No. 1 for $3,600.00, with Pigg Construction Company of Center,
Texas, for the renovation of the Boynton Building be approved and the
Chairman of the Board be authorized to sign the contract as follows:
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10
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the 13th day of October, 1973
by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner" and PIGG CONSTRUCTION COMPANY,
CENTER, TEXAS , hereinafter called
"Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"BOYNTON BUILDING RENOVATIONS, STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS "
prepared by Kent, Marsellos & Scott, Architects - Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
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form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "BOYNTON BUILDING RENOVATIONS
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS" .
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated September 21, 1973
Addendum No. 2, dated September 27, 1973
Addendum No. 3, dated September 28, 1973
1. This Contract is to cover the General Contract Work, Elevators,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete . The said Drawings, and each and all of said Specifications and
"General Conditions" are made a part of this Agreement for all
intents and purposes; provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement; this Agreement shall control and govern.
-2-
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2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed within 240 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $250.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.47 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
FOUR HUNDRED NINE THOUSAND FORTY-FIVE DOLLARS ($409,045.00)
out of Funds appropriated to Stephen F. Austin State University by
House Bill 139 of the Sixty-Third Legislature Regular Session
and Surplus Funds available to the Owner for expenditure for the
use and benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $379,495.00
Alternate No. 1 +15,100.00
Alternate No. 2 + 9,000.00
Alternate No. 4 + 5,050.00
Alternate No. 5 + 400.00
Contract Price $409,045.00
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The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
-4-
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has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
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Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employerfs Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $100,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance : In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
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to any one person, and subject to the same limit
on account of one occurrence; Property Damage Insurance in
an amount not less than $100,000.00 each occurrence;
$300,000.00 aggregate.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions'1. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
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f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Contractor shall provide Builder's
Risk Insurance as specified in Paragraph 1.6 of Specifications in
the amount of $500,000.00 in the names of the Contractor, Subcontractors,
Owner and Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor l/e, 006.00
Materials ^^ °^5
Total $409,045.00
~8~ 21-17
PAYMENT BOND 19
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKSS
KNOW ALL MEN BY THESE F^ESENTS: That we
(1) Plgg Construction Company , :
a (2) Corporation
°* r*ntssr$ TftMfi hereinafter called Principal and
(3) Safeco Insurance Company of Amerlgfe Seattle ,
State of Washington hereinafter called the Surety,
are held and firmly bound unto (4) LCAllD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto ail persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Four Hundred Nine Thousand Forty Five and No/100 ----«»-»
DOLLARS ($ 409,045,00 j
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS , for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that vYhereas, the Principal entered into a certain contract with
(6) BCAJtD OF IULGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
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-2-
dated the 13th day of October & r> , n 73
a copy of which is hereto attached and made a part hereof for the
construction of; Boynton Building Renovations, Stephen F. Austin
State University, Nacogdoches, Texas
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature
Regular Session, 1959, effective April 27, 1959, supplying labor '
and materials in the prosecution of the work provided1 for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County
State of Texas, and that the said Surety, ior va4u« received-hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
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-3-
IN WITNESS WHEREOF, this instrument is executed in
counterparts, each one of which shall be deemed an original, this
the
OM,
ATTEST:
day of October A.D., 19 73
Pigg Construction
Principal
(Principal) Secretary
SEAL
Franklin Pigg, Pres
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Safeco Insurance Company of America
Surety
BY
a)<^ to Surety
534 Gulledge Lane, Dallas, Texas
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
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PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
Pigg Construction Company
of (2) A Corporation hereinafter called
Principal and (3) Safeco Insurance Company of America^
Seattle State, of Washington
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter call Owner, in the penal sum of
Four Hundred Nine Thousand Forty Five and No/100
DOLLARS ($ 409,045.00 +), in lawful money of the United
States, to be paid in (5) Naco^doches County, Texas
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
V/hereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
"' —" ■ — ■"... . . >
the Owner, dated the 13th day of October 1973 A. D.,
19 73, a copy of which is attached hereto and made a part
hereof for the construction of:
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Roynton Building Renovations, Stephen F» Austin State University,
Naccgdoches, Texas
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well,
truly and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety,, aad, .if-he shall satis-fy
all claims and demands incurred under such Contract, and shall
fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay aad expense which
the Owner may incur in making good any default, then this obli
gation shall be void; otherwise to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any
and all defects in said work occasioned by and resulting from de
fects in materials furnished by, or workmanship of the Principal
m performing the work covered by said Contract, occurring within
..* P.e.r.l°-d._^_twelve (12) months from the date of the Contract Com
pletion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDED, HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature
1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same
extent as if it were copied at length.
21-23
24
-3-
IN WITNESS WHEREOF, this instrument is executed in five
counterparts, each one of which shall be deemed an original, this
the
9th
ATTEST:
day of October A.D. ,
Pigg Construction Company
Principal
(Principal) Secretary
SEAL
Franklin Pigg, Prcfc ent
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Safeco Insurance Company of America
Surety
BY
ttorney-in-Fact
Witrfess^ to Surety
534 Gulledge Lane, Dallas, Texas
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
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25
74-10
Upon motion of Regent Gray, seconded by Regent Cullum, with all Regents
voting aye, it was ordered that the architectural contract with Kent,
Marsellos § Scott to design and supervise the construction of an observatory
be approved and that the Chairman of the Board be authorized to sign the
contract, as follows:
21-25
26
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES J
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES $
THIS AGREEMENT made as of the Thirteenth day of October in
the year Nineteen Hundred and Seventy Three and between the BOARD OF
REGENTS STEPHEN F^ AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, AN OBSERVATORY
BUILDING, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Par
agraph 1.1; Eight Per Cent (8%) of the project
construction cost; hereinafter referred to as the Basic Rate, and
-1-
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27
such other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Departmental Operating
Account - Physics Department, and other funds available
to the Owner for expenditure for the use and benefit of
Stephen F. Austin State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and con
sultants time as agreed upon between the Owner and the
Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
_2- 21-27
28
Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate,
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
-3-
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29
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
-4-
21-29
30
1.1.13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architects observations
at the site as provided in Subparagraph 1.1.14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
-5-
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31
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro-
-6-
21-31
32
visions of the Contract Documents whether or not such Work be then
fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing
any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representative to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
-7-
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33
1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protections for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
-8-
21-33
34
1.3.5 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3.10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
-9-
21-34
35
sentative shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
-10-
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36
services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
-11-
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37
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor's methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
-12-
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38
3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
-13-
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39
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site,
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
-14-21-39
40
as follows:
6.1.1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase —25%
Construction Documents Phase 75%
Construction Phase ■ 100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1.3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension of abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
-15-
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41
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Architect
shall be paid his compensation for services performed to termination
date, including Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall re
main the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner
on other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect all covenants of this Agreement. Neither the
-16- 21-41
42
Owner nor the Architect shall assign, sublet or transfer his interest
in this Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. This agreement to arbitrate
shall be specifically enforceable under the prevailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
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43
the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agree
ment may be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
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44
NUMBER OR COUNTERPART COPIES
This Contract is executed in three counterparts.
IN WITNESS WHEREOF the parties hereto have made and exe
cuted this Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By.
ATTEST:
President of the Board
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
Partner
21-44
45
74-11
Upon motion of Regent Gray, seconded by Regent Justice, with all Regents
voting aye, it was ordered that Change Order No. 8 for $12,722 to be
added to the Loggins Construction Company contract on the Stadium project
be approved, and the Chairman of the Board be authorized to sign the
Change Order.
74-12
Upon motion of Regent Bergman, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the Amendment to the Blue Cross Insurance
contract for employees, providing for a definition of full-time employment
affecting the eligibility of a participant, be approved and the Chairman
of the Board be authorized to sign the Amendment, as follows:
21-45
46
GROUP
Dallas, Texas
iplicarion is hereby made to AMEND, effective Se_£ie_mbejr_J_,
DN-CANCELLABLE EXPERIENCE RATED HOSPITALIZATION CONTRACT NO.
INC.
9418
-OS follows:
- changing the Eligibility Regulations in the application to provide that employees
.o work at least 80 hours per month shall be eligible to apply for coverage under
ie contract*
<; c.'^oed schedule of monthly premium rates shall be as follows.-
o Change*
;fh th.s Appl.cation for Amendment, we submit the Contract to you for the appropriate endorsement.
: /•:.:-• cj-on for Amendment is executed in duplicate, one counterpart being delivered to Group Hospital Service,
:iT.o"r<rc 'j':d The other to be attached to the Contract.
Nacogdoches, Texas
August , 19 73.
.4-M1263
STEPHEN F. AUSTIN STATE UNIVERSITY
Full or corporate name of Applicant
by z C/
Witness.-
signature and title Chairman, Board of
Regents
Representative of the Plan
21-46
47
74-13
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Change Order No. 1 with T. Richard
Vardeman, Inc., to add $17,300 to the contract for the LaNana Creek
Improvement project be approved and the Chairman of the Board be auth
orized to sign the Change Order.
74-14
Upon motion of Regent Todd, seconded by Regent Cullum, with all Regents
voting aye, it was ordered that the following sums be appropriated for
(1) $6,000 to Major Repairs and Improvements, Account No.
1950 for partitioning an area into requirements of the
Department of School Services for multi-purpose acoustical
rooms.
(2) $25,000 to the East College Cafeteria Unemployment In
surance Expense Account No. 5770-8002 to provide for
unemployment compensation based upon the experience of
the summer of 1973 (first year University was subject
to the program).
(3) $24,000 to Dormitory 14, for Operation and Maintenance
Account No. 5730-9001, to correct an error in the
original budget.
74-15
Upon motion of Regent Justice, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the stacks and the check-out desk used
by the library while in the Boynton Building be placed on indefinite loan
to the Nacogdoches City Library.
74-16
Upon motion of Regent Todd, seconded by Regent Powers, with all Regents
voting aye, it was ordered that the following curriculum items approved
by the University undergraduate and graduate curriculum committees be
approved:
COURSES ADDED: (Graduate Council)
n Hours
Department and Number Title Credit
Biology 565A, 565B Modern Biology for Teachers 3
Geology 515 Sedimentary Petrology 3
Geology 525 Instrumental Techniques 3
Geology 564 Gulf Coast Field Geology 3
Health fi Physical Education Driver and Traffic Safety Education II 3
HPE 484
Health § Physical Education Advances Methods and Techniques in
HPE 577 Athletic Coaching 3
Mathematics 500 Advanced Topics in Elementary School
Mathematics 3
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48
COURTS ADDED: (Graduate Council) (Continued)
Department and Number
Mathematics 501
Philosophy 456G
Philosophy 470G
Political Science 450G
Psychology 516
Psychology 550
School Services SSV 559
School Services SSV 585
COURSES TO BE REVISED: (Graduate Council)
Title
Mathematics Seminar for
Elementary Teachers
American Philosophy
Problems and Topics
Urban Problems
Community Psychology
Seminar in Psychology
Tests and Measurements
Advanced Human Growth and Development
Hours
Credit
3
3
3
3
3
3
3
Department and
Number
Forestry 525
Forestry 526
Forestry 528
Forestry 529
Forestry 533
Forestry 551
Forestry 552
Forestry 555
Forestry 560
Forestry 577
Forestry 598
Forestry 599
Health and Physical
Education HPE 481
Health and Physical
Education HPE 483
Psychology 509
Psychology 513
Psychology 520
Psychology 521
Title and Credit
Advanced Wood Physics (3) 625
Advanced Wood Chemistry (3) 626
Field Methods in Entomology (4) 628
Advanced Forest Entomology (3) 629
Forest Soil Physics (3)
Forest Photo Mensuration (3)
Remote Sensing of Natural
Resources (3)
Advanced Forest Tree Genetics
(3)
Forest Appraisal and Schedul
ing (3)
Doctoral Problems (3)
Dissertation Research (1 or
more hours)
Dissertation Writing (1 or
more hours)
Safety Education (3)
New
No. New Title and Credit
Driver Education (3)
Introduction to Clinical Psy
chology and Clinical Assessment
Protective Techniques (3)
Clinical Practicum I (3)
Clinical Practicum II (3)
633
651
652
655
660
677
698
699
481
483
509
(3)
513
520
521
Advanced Wood Physics (3)
Advanced Wood Chemistry (3
Field Methods in Entomo
logy (4)
Advanced Forest Entomo
logy (3)
Forest Soil Physics (3)
Forest Photo Mensuration (.
Remote Sensing of Natural
Resources (3)
Advanced Forest Tree Gere-
(3)
Forest Appraisal and
Scheduling (3)
Doctoral Problems (3)
Dissertation Research
(1 or more hours)
Dissertation Writing
(1 or more hours)
Principles of General
Safety '(3)
Driver and Traffic Safety
Education I (3)
Introduction to Clinical Ps
chology and Intellectual
Assessment (3)
Personality Assessment (5)
Clinical Internship I (3)
Clinical Internship II (3'
21-48
49
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
Mathematics 549 Seminar in Teaching Secondary School Mathematics
Philosophy 466G Aesthetics (3)
Political Science 402G American Constitutional Law: I (3)
School Services SSV 434G Methods and Techniques of Instructing Mentally
Retarded Children (3)
School Services SSV 438G Teaching Children with Learning and Behavioral
Disorders (3)
School Services SSV 459 Tests and Measurements (3)
School Services SSV 485G Human Growth and Development (3)
Theatre 535 Dramatic Droduction II (3)
Theatre 558 Dramatic Theory and Criticism II (3)
74-17
Upon motion of Regent Perkins, seconded by Regent Justice, with all Regents
voting aye, it was ordered that permission be granted to petition the
Coordinating Board to offer a Major in Finance under the Bachelor of Business
Administration degree.
74-18
Upon motion of Regent Perkins, seconded by Regent Golden, with all Regents
voting aye, it was ordered that the Constitution of the Student Community
of Stephen F. Austin State University be approved as follows:
CONSTITUTION OF THE STUDENT COMMUNITY
OF STEPHEN F. AUSTIN STATE UNIVERSITY
Preamble
Free inquiry and free expression, and the responsible use thereof, are
essential attributes of the community of scholars. As members of that
community, students should be encouraged to develop the capacity for critical
judgment and to engage in a sustained and independent search for truth. The
freedom to learn depends upon appropriate opportunities and conditions in
the classroom, on the campus, and in the larger community. Students should
endeavor to exercise their freedom with maturity and responsibility.
The responsibility to secure and to respect general conditions conducive
to the freedom to learn is shared by all members of the academic community.
SFASU has a duty to develop policies and procedures which provide and safe
guard the freedom to learn. Such policies and procedures should be developed
with the broadest possible participation of the members of the academic
community on the basis of the aims and objectives of the institution and of
the general standards herein defined.
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We, the Students of SFASU, in order to assume the privileges and res
ponsibilities of self-government, and to promote the welfare of the student
community, do hereby adopt and establish this Constitution.
CONSTITUTION OF THE STUDENT COMMUNITY
OF STEPHEN F. AUSTIN STATE UNIVERSITY
Article I. The Executive Branch
Every Student Community officer elected, except the judiciary before
entering upon the duties of that office, shall take the following oath:
I, (full name), do hereby solemnly swear that I will faithfully execute
the duties of my office, and will to the best of my ability preserve, protect
and defend the Constitution of the Student Community of Stephen F. Austin
State University and defend the rights of the individual student."
Section I. All executive powers of the Student Community of SFASU shall
be vested m the President, Vice President, Secretary and Treasurer.
Section II. Each executive officer must be a full-time student, must not
be on disciplinary probation, and must maintain a 2.0 GPA. The President
must be of junior standing at the time of assuming office. Each officer
of the executive branch shall hold office for one full year beginning one
week following his or her election.
Section III. The President is the chief executive officer and is respon
sible for enforcement of all rulings and legislation. The President shall:
A. maintain the office for twelve (12) full months.
B. preside over Senate meetings.
C. appoint student members of Student/Faculty Boards with the
approval of 2/3 of the Senate.
D. appoint Justices to the University Supreme Court with the approval
of 2/3 of the Senate.
E. appoint executive committees and/or commissions as deemed necessary
for purposes of research and investigation without Senate approval'.
F. have the power to veto legislation passed by the Senate. Presi
dential veto shall be within seven (7) days from the date of passage
or such legislation shall become law.
G. issue executive orders that may be reviewed or repealed by the
Senate and/or the Supreme Court.
H. appoint members of Student Boards with the approval of 2/3 of the
Senate.
I. contract with commercial agencies for services deemed necessary
subject to the approval of the Senate and in compliance with
existing University fiscal policy.
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51
J. submit a yearly budget to be acted upon by the Senate.
K. prepare and post in a public place a tentative agenda one (1)
day prior to Senate meetings.
L. convene special sessions of the Senate.
M. report to the Senate on the progress of legislation within
seven (7) days of presidential receipt.
Section IV. The Vice-President shall:
A. assume the office of President in the event of a vacancy in
that office; all other executive offices which may become
vacant shall be filled by special election.
B. cast the tie-breaking vote in the Senate. The Vice-President
is the only member of the executive branch who has a vote.
C. have full speaking rights in the Senate.
Section V. The Secretary shall:
A. be responsible for the taking of the minutes of Senate meetings
and all meetings of the executive branch.
B. keep a record of all executive communications with agencies and
organizations.
C. keep a permanent and current record of the names of all members
of the Senate, Supreme Court, executive branch committees and
commissions, Student/Faculty Boards, all executive appointments,
historical Senatorial records and all other records as shall be
deemed necessary.
D. be responsible for the scheduling of the use of the executive
office.
E. be responsible for keeping a current Statute Book.
Section VI. The Treasurer shall keep financial records and be prepared
to report to the Senate and/or Executive on the current financial status
at each Senate meeting.
Section VII. There shall be the following standing committees in the
Executive Branch:
A. The Government Liaison Committee shall be responsible for keeping
the President informed of all local, state, or national issues
which have bearing on the Student Community. It shall act as a
liaison to these agencies when deemed necessary.
B. The University Coordinating Committee shall be comprised of
campus leaders and shall be responsible for coordinating campus
projects.
C. The Finance Committee shall make recommendations to the University
President concerning the amount and allocation of Student Service
Fee.
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1. The voting members of this committee shall be:
(a) The Chairperson of the Senate Appropriations Committee
(b) The President of the Student Community
(c) The President of the University Center
(d) The Speaker of the Senate
(e) The Treasurer of the Student Community
(f) The University Vice-President for Financial Affairs
(g) Three representatives appointed by the University Vice-
President of Student Affairs. One of these three re
presentatives must be from the student life division.
2. The non-voting members of the committee shall be such students,
faculty and administrative personnel as deemed necessary.
3. The committee shall be chaired by the President of the Student
Community. Except in the case of a tie, the President shall
not vote, however, the President shall retain full speaking
privileges.
4. A representative may be appointed for each of the voting
members of the Finance Committee who is unable to attend
meetings.
ARTICLE II. The Student Senate
Section I. All legislative powers of the Student Congress of SFASU shall
be vested in the Student Senate.
Section II. Representation shall be:
A. By class with one (1) representative per four hundred (400)
students and by school with one (1) representative per one
hundred seventy-five (175) students. There shall be a minimum
of two representatives for each of the above categories.
Class officers, i.e., President, Vice-President, Secretary-
Treasurer (except the Graduate Class which has only a President)
shall be included in the computation of class representation
and not in addition to it.
B. Residence Hall Association shall have one (1) voting member and
one (1) ex-officio member.
C. The University Center shall have one (1) voting member and one
(1) ex-officio member.
Section III. Each Senator must be a full-time student, maintain a 2.0
GPA, be a member of the class or school he or she represents, and not be
on disciplinary probation. Senators shall serve a term of one year.
Section IV. The Senate shall:
A. Promulgate such rules and regulations as shall be deemed necessary
for the well being of the Student Community.
21-52
53
B. Appropriate the Student Community budget.
C. Investigate such matters that are pertinent to the interest of
the Student Community.
D. Make recommendations to the University administration on the
formulations of University wide policy.
E. Have the power to impeach executive officers, its own members,
Supreme Court Justices, student members of Student-Faculty
Boards, and other people it approves. Removal of such persons
shall be by a two-thirds vote of a quorum of the Senate.
Grounds for impeachment proceedings shall be dereliction of
duty as prescribed by this Constitution.
F. Elect its own officers, including a Speaker of the Senate from
within the Senate. The Speaker of the Senate shall appoint
members to committees and the Chairpeople of committees with
approval of the Senate. The Speaker shall also have full voting
and speaking privileges.
G. Determine its own rules and proceedings.
H. Have the power to override Presidential vetos with a two-thirds
majority.
I. Establish the election code.
J. Sit in a reapportionment session at the beginning of each fall
semester as soon as necessary records from the Registrar's
office become available.
K. Have all powers not expressly granted to another branch.
L. Abide by the results of any initiative or referendum election.
SENATE BY-LAWS
1. The Senate will operate under the Revised Robert's Rules of Order,
except in the case of a conflict with this Constitution or its By-
Laws, in which case the Constitution or By-Laws will take precedence
over all other procedural regulations.
2. At the end of each Senate meeting the President will announce the
time and place of the next Senate meeting and of the next Executive
Committee meeting.
3. At the beginning of all special meetings of the Senate, the President
shall announce the purpose of calling the special meeting and any
items relating to that purpose may be considered and voted upon by
the Senate. Special meetings of the Senate shall be subject to the
standing rules of the Senate and shall be governed by the same rules
of procedure as regular meetings.
4. Student Senate meetings will be open for attendance to all students,
and a person not a member of the Senate may address the Senate when
recognized by the Chair.
21-53
54
5. Any item which is submitted to the Executive Committee in writing
prior to the regular meeting must be placed on the agenda.
6. A Senator relieved of office by the Senate for any reason may appeal
that decision to the University Supreme Court.
7. The motion of the previous question shall require the approval of
three-fourths of the Senate present and voting at the time of the
motion.
8. After the completion of new business a time period must be allotted
for discussion of any item not on the agenda but forthcoming from
the floor. During this open period, discussion may take place but
no action may be taken except if the rules are suspended.
9. The rule of one person one vote shall apply to this body. No proxy
votes are permitted.
10. Any Senator who knowingly votes on a measure in which he or she
commits an act of conflict of interest shall be liable for removal
from office by the Senate.
11. A quorum shall be one-half plus one of the Senate membership.
12. The Senate Executive Committee shall be Chaired by the Speaker of the
Senate and its members shall be the chairperson of the Senate Standing
Committees.
13. The Standing Committees of the Senate shall be:
a. Appropriations Committee
b. Judiciary Committee
c. Public Relations Committee
d. Academic Affairs Committee
e. Student Rights Committee
14. The Senate shall establish other committees as it deems necessary.
15. In the event that a Senate seat vacancy occurs, the President shall
appoint a temporary replacement with approval of two-thirds (2/3)
of the Senate. However, after five (5) such appointments have been
made, a special election must be held to fill the vacancies.
21-54
55
Article III. The Judicial Branch
Every University Supreme Court justice approved, before entering upon
the duties of that office shall take the following oath:
"I do solemnly swear that I will administer justice without respect
to persons and equal right to all; and that I will faithfully and
impartially discharge all the duties imcumbent on me as Justice, according
to the best of my abilities and understanding agreeably to the Constitution
and laws of Stephen F. Austin State University."
Section I. All judicial powers of Student Community of SFASU shall be
vested in a University Supreme Court of seven justices and four advisors.
Section II. The President of the Student Community shall appoint the
six Associate Justices and the Chief Justice with the advice and consent
of two-thirds of the Student Senate. The four faculty advisors shall be
appointed by the Vice-President for Student Affairs.
Section III. Each justice shall maintain a 2.0 GPA; be a full-time student
at the time of his or her appointment (and during his or her term of office).
A Supreme Court Justice must not be on disciplinary probation during his or
her term of office.
Section IV. The jurisdiction of the Student Supreme Court will cover the
following areas:
A. The Supreme Court shall have original and final jurisdiction
over all conflicts that arise under this Constitution, its
Amendments, or its Bill of Rights.
B. The Supreme Court shall have original and final jurisdiction
on the constitutionality of Acts of the Executive.
C. The Supreme Court shall have original and final jurisdiction
over the interpretations of the Election Code.
D. The Supreme Court shall have original and final jurisdiction
over all questions concerning the constitutionality of the
Student Senate's acts.
E. The Supreme Court shall have original and final jurisdiction
over all conflicts between organizations and between individuals
and organizations.
F. The Supreme Court shall have direct appellate and final jurisdiction
in all cases that arise from denial of due process from the Resident
Hall Association Hearing Board, the Traffic Appeals Board, the
Student Discipline Board and the Communications Board.
G. The Supreme Court shall have appellate and final jurisdiction
on all matters that arise from the Organizations Review Board.
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56
H. The Supreme Court shall have the power to sit as an advisory
body in cases of non-academic suspension.
I. In those cases where the University Administration vetoes
legislation, the Supreme Court may ask the University President
to place that legislation on the agenda of the Board of Regents
for its consideration.
J. The Supreme Court may redirect original jurisdiction to other
boards and assume appellate status when necessary.
K. The Supreme Court may hear cases directly referred to it by the
Associate Dean of Student Regulations.
L. The President of the University shall of necessity have final
jurisdiction on all matters as well as the University Vice-
President for Student Affairs.
UNIVERSITY SUPREME COURT BY-LAWS
1. There shall be a Court Clerk designated by the Chief Justice from among
the general student population. The Court Clerk shall keep records of
all meetings and hearings.
2. There shall be a First Associate Justice elected at the first business
meeting of the year from the Court members. It shall be his or her
duty to preside over the Court in the absence of the Chief Justice.
3. A quorum of the Court shall be five members, and no proxies shall
be permitted. No business meeting shall be conducted nor hearing
without the presence of a quorum. Each member shall have one vote.
In case of a tie, the appeal shall be rejected.
4. The results of all elections and referendums shall be certified
within two class days.
5. The Court shall convene and determine any question within its
jurisdiction within five class days. In case of extenuating cir
cumstances, the Chief Justice, subject to the Court's approval,
may extend the period of deliberation according to his discretion.
6. The Court shall convene within one day of the receipt of a
petition of appeal of any election or referendum question
and determine that appeal within one additional day. In case
of extenuating circumstances, the Chief Justice, subject to the
Court's approval, may extend the period of deliberation according
to his discretion.
7. The Court shall convene at the discretion of the Chief Justice on
the first Wednesday following Senate meeting in order to conduct
21-56
57
normal business matters. The Court will also convene on appeal
concerning any matter within its scope as set forth in the Con
stitution.
8. Any student shall have the power to appeal any question that falls
within the area of jurisdiction as stated in the Constitution.
She or he must file a written petition in the Supreme Court Box
located in the Student Government office. The Chief Justice shall
check this box at a specified time daily. Upon receipt, he or she
will notify the members of the Court, the plaintiff and the defendant
of the date, the time, and the location of the hearing in writing.
9. All regular meetings and hearings of the Court will be in open
session. Either party or the Chief Justice, subject to majority
approval of the Court present, may close the meeting to the public.
All deliberation by the Supreme Court shall be in closed session.
10. To initiate a Court action, the student shall follow these procedures:
a. The plaintiff shall file a petition in the Supreme Court
Box. The petition shall contain the names of the plaintiff,
the defendant, the time, location and date of the violation.
It shall also contain the cause of appeal and the names of
any witnesses, if present. Upon receipt, the Chief Justice
will set a time and place for the hearings (five class days
for all matters except election controversies which must
convene the next day, if it is a class day). He will also
notify the members of the Court and the defendant(s) and
plaintiff in writing.
b. All parties shall be afforded the opportunity for reasonable
oral argument, and shall be permitted, or requested by the
Court to file typewritten, mimeographed, or printed briefs.
Copies shall be presented to the other party.
c. The plaintiff and defendant shall have the right to be
present in person, to present witnesses and documentary
evidence as may be pertinent and to cross-examine witnesses
offered by the other party.
d. The Supreme Court shall render a decision in writing within
one class day for election and referendum violations and
within five class days for other violations as outlined by
the Constitution. In case of extenuating circumstances, the
Chief Justice, subject to Court approval, may extend the
period of deliberation according to his discretion.
e. The failure of the plaintiff to appear, without justifiable
cause determined by the Court, shall terminate his right to
further Court action on that particular case.
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11. The Supreme Court will also have the power to reject an appeal that
is either unwarranted or not under their jurisdiction.
12. The Supreme Court shall have the authority to issue all writs that
are deemed necessary and proper by the Court.
Article IV. Initiative and Referendum
Section I. Upon petition by five per cent (5%) of the Student Community,
the Student President must call and preside over a general election of the
SFASU Student Community within twenty (20) days.
Section II. Any member of the Student Community may initiate legislation
provided that the proposed legislation bears the valid signature of five
per cent (5%) of the Student Community. Such legislation shall be brought
before the Student Senate for a vote. If rejected by the Student Senate it
shall within twenty (20) days be put before a vote of the Student Community
and shall require a majority of affirmative votes on the issue. Results
of this election shall not be subject to presidential veto and shall be
binding upon the Senate.
Article V. Recall
The members of the Student Community may recall any elected representative
if the petition providing for a recall election shall be signed within ten
(10) days by the number of members of the Student Community in the affected
officer's district equal to fifteen percent (15%) of the total voters in
that school or class, and provided that the question ffShall (name) be
retained as a (state officer) from (district)?" shall receive a majority
of nay votes in the election and that number shall be equal to a majority
of the votes cast in the most recent election for Student President.
Vacancies will be filled as provided for in this Constitution.
Article VI. Amendatory Procedure
This Constitution may be amended by a two-thirds vote of the Student
Senate with the concurrence of a majority of the students voting in a
special election.
Article VII. Ratification
The ratification of two-thirds (2/3) of the students voting shall be
required for the establishment of this Constitution. All offices
elected under the previous Constitution will be maintained for their
Constitutionally required tenure.
21-58
59
BILL OF RIGHTS
1. The student shall have the right to freedom of expression.
2. The student shall have the right to establish and/or disseminate
publications free from any censorship or any other official action
controlling editorial policy or content.
3. The student shall have the right to freedom of assembly, to inform
or protest, so long as the normal workings of the University are
not disrupted.
4. The student shall have the right to be free from discrimination on
the basis of race, color, place of national origin, religious creed,
sex, or political belief.
5. The student shall have the right to petition for the redress of
grievances.
6. The student shall have the right to judicial due process and the
equal protection of the law.
7. The student has the right to protection from cruel and unusual
punishment and to the right of appeal.
8. The student has the right to bring suit within the regular
judicial process for any violation of rights guaranteed by
this document or any student regulation.
9. The student has the right to invite to campus any person of her
or his choice and hear that person speak on any subject of her or
his choice, so long as the normal workings of the University are
not disrupted.
10. The student has the right not to be put twice in jeopardy for the
same offense.
11. The student shall have the right to freedom of association.
12. The student shall have the right to be secure in his or her possessions,
against invasion of privacy and unreasonable search and seizure.
13. The student's membership in the academic community shall in no way
preclude her or him from the free exercise of any rights guaranteed
by the Constitution of the State of Texas or the Constitution of
the United States of America.
21-59
60
74-19
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the request by the student body for the
University to be authorized to collect a voluntary $2 fee for a student
chapter of Tex-Pirg, Inc., be deferred and that the Chairman of the Board
appoint a committee to study the matter and present a report and recommen
dation at the next meeting.
Chairman McGee appointed Regent Perkins Chairman, and Regents Justice and
Todd as Members, of the committee to study the request of Tex-Pirg, Inc.
There being no further business the meeting was adjourned.
The next regular meeting will be held in January 1974, with a date and
place to be determined at a later date.
C. G. Haas
Secretary
21-60

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Transcript

MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 21
DALLAS, TEXAS
OCTOBER 13, 1973
INDEX
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
held at Dallas, Texas
October 13, 1973
VOLUME NO. 21
74- 1
74- 2
74- 3
74- 4
74- 5
74- 6
74- 7
74- 8
74- 9
74-10
74-11
74-12
74-13
74-14
74-15
74-16
74-17
74-18
74-19
Approval of Minutes of July 28, 1973
Faculty and Staff Appointments
Acceptance of Resignations
Changes in Status
Approval of Leave of Absence
Returns from Leave
Retirement
Approval of Final 1972-73 Budget Standing
Contract - Renovation of Boynton Building (Pigg Construction)
Architectural Contract - Observatory (Kent, Marsellos § Scott)
Change Order No. 8 - Stadium (Loggins Construction Co.)
Approval of Amendment to Blue Cross Insurance Contract
Change Order No. 1 - LaNana Creek Improvement (Vardeman)
Approval of Sums to be Appropriated for 1973-74
Approval for Items in Boynton Building to be Loaned to
the City Library
Approval of Curriculum Items
Order to Petition Coordinating Board for Major in Finance (BBA)
Approval of Constitution of Student Community of SFASU
Appointment of Committee to Study Request of Tex-Pirg Inc
(Student Chapter)
Page
21-2
21-2
21-5
21-6
21-6
21-7
21-7
21-7
21-9
21-25
21-45
21-45
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21-47
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21-49
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21-60
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
October 13, 1973
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 8:30 a.m. October 13, 1973.
PRESENT:
Members: R. E. McGee of Houston
Joe Bob Golden of Jasper
Walter Todd of Dallas
Robert C. Gray of Austin
Glenn Justice of Dallas
Douglas Bergman of Dallas
Ernest Powers of Carthage
Mrs. George Cullum, Jr. of Dallas
James I. Perkins of Rusk
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-1
Upon motion of Regent Gray, seconded by Regent Golden, with all Regents
voting aye, it was ordered that t^he Minutes of the meeting of July 28,
1973, be approved.
74-2
Upon motion of Regent Justice, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the following individuals be
employed for the positions, dates and salaries indicated:
1. Department of Art
Mrs. Emma B. Corcoran, 30, M. A. (Florida State University),
Assistant Professor of Art at a salary rate of $10,500 for nine
months, effective August 27, 1973.
Dr. Glenn Bill Williams, 33, Ph.D. (North Texas State University),
Assistant Professor of Art at a salary rate of $11,000 for nine
months, effective August 27, 1973. Dr. Williams has completed the
Ph.D. degree and was therefore eligible for reemployment.
Mr. Leslie Benson Warren, 26, M.F.A. (Stephen F. Austin State
University), Graduate Interne in Art at a salary rate of $7,500
for nine months, effective August 27, 1973. This is a temporary
nonrenewable nine-months contract.
2. Department of Communication
Mr. Paul E. Potter, 35, M.F.A. (Southern Methodist University),
Assistant Professor of Communication at a salary rate of $11,500
for nine months, effective August 27, 1973.
Dr. William G. Powers, 30, Ph.D. (University of Oklahoma), Assistant
Professor of Communication at a salary rate of $11,500 for nine
months, effective August 27, 1973.
3. Department of History
Mr. Ivy Eugene Kirkpatrick, 30, M.Div. (Southwestern Seminary),
Instructor of History at a salary rate of $9,500 for nine months,
effective August 27, 1973. This is a temporary non-renewable
nine-months contract.
4. Department of Home Economics
Mrs. Betsy Cullison Shaw, 31, M.S. (East Texas State University),
Instructor of Home Economics (one-fourth time for one semester only) ,
at a salary rate of $1,000 for the Fall Semester, 1973 only, effective
August 27, 1973. This is a temporary non-renewable contract.
Mrs. Mary Kate Weems, 30, M.S. (Texas Tech University), Instructor
of Home Economics at a salary rate of $9,500 for nine mpnths,
effective August 27, 1973. This is a one-year appointiqent that
may be renewed.
5. Department of Office Administration
Mrs. Karen M. Sides Grunert, 23, M.B.E. (Stephen F. Austin State
University), Graduate Interne in Accounting (one-half time) and
Office Administration (one-half time), at a salary rate of $7,500
for nine months, effective August 27, 1973. This is a temporary
non-renewable contract.
6. Department of Psychology
Dr. Dan G. Minner, 29, Ph.D. (University of Denver), Assistant
Professor of Psychology at a salary rate of $11,000 for nine
months, effective August 27, 1973.
Dr. Richard Lawrence Pollock, 28, Ph.D. (Syracuse University),
Assistant Professor of Psychology at a salary rate of $11,000
for nine months, effective August 27, 1973.
7. Department of School Services
Dr. David L. Jeffrey, 33, Ed. D. (Oklahoma State University),
Assistant Professor of School Services at a salary rate of $12,000
for nine months, effective August 27, 1973.
Mrs. Judith Snellgrove Huffty, 32, M. A. (George Peabody College),
Instructor of School Services (half-time for the fall semester, 1973
only), at a salary rate of $2,000 for the fall semester, effective
August 27, 1973.
Mrs. Hettie Finney Legg, 26, M.A. (Michigan State University),
Instructor of School Services at a salary rate of $9,500 for nine
months, effective August 27, 1973.
8. Department of Sociology
Mr. William T. Toney, Jr., 60, M. A. (Sam Houston State University),
Instructor of Sociology at a salary rate of $9,500 for nine months,
effective August 27, 1973. This is a temporary non-renewable nine-months
contract.
Miss Arnedia Chatman, 23, M.A. (Stephen F. Austin State University),
Graduate Interne in Sociology at a salary rate of $7,500 for nine
months, effective August 27, 1973. This is a temporary non-renewable
nine-months contract.
21-3
9. Department of Secondary Education
Mr. Newel Gene Holland, 42, M.Ed. (Stephen F. Austin State University),
Instructor of Secondary Education (one-half time) at a salary rate
of $5,000 for nine months,
10. Department of Theatre
Mr. Clifford Gregory Smith, 24, M.A. (Northern Illinois University),
Instructor of Theatre at a salary rate of $8,500 for nine months,
effective August 27, 1973.
11. Institutional Research
Mrs. Barbara Ann Fountain, 22, B.S. (Stephen F. Austin State
University - expected May 1974), Director of Institutional Research
at a salary rate of $3,375 for three-fourths time for nine months,
effective August 27, 1973.
12. Department of Physics
Mr. Leonard Monroe Earls, 24, M.S. (University of Missouri at
Kansas City), Machinist in Physics Shop, at a salary rate of $8,500
for twelve months, effective August 27, 1973.
13. Student Affairs Division
Mr. Jon Lee Allen, 20, Patrolman, University Police Department, at
a salary rate of $6,000 for twelve months, effective August 16, 1973.
Mrs. Cynthia R. Grissom, 21, B.S.Ed. (Stephen F. Austin State
University), Administrative Secretary, Vice President for Student
Affairs, at a salary rate of $408 for the month of August and $5,400
for twelve months effective September 1, 1973.
Dr. John Redman, 63, M.D. (University of Arkansas), Physician,
Health Services, at a salary rate of $2,000 for the month of
August, and $24,000 for ten and a half months, effective September
1, 1973.
Ms. Paulette J. Siller, 28, B.S.Ed. (University of Houston), Pro
gram Consultant at a salary rate of $625 for the month of August,
effective August 23, 1973, and $7,800 for twelve months, effective
September 1, 1973.
Mr. Tommy J. Waits, 23, Vending Route Man, at a salary rate of
$6,942 for twelve months, effective September 1, 1973.
21-4
74-3
Upon motion of Regent Powers, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Department of Geology
Dr. Volker W. Gobel, Assistant Professor of Geology, effective
August 31, 1973. Dr. Gobel has accepted employment in Germany,
2. Department of Office Administration
Mrs. Margaret Sue Squier, Instructor of Office Administration,
effective June 4, 1973. Mrs. Squier has accepted other employment.
3. Department of Psychology
Dr. Larry E. Beutler, Assistant Professor of Psychology, effective
August 31, 1973. Dr. Beutler has accepted other employment.
4. Department of School Services
Mrs. L. Ann Ahrens, Instructor of School Services, effective August
31, 1973. Mrs. Ahrens is working full time toward the Ph.D. degree.
5. Department of Sociology
Mr. Neil W. Sullivan, Assistant Professor of Sociology, effective
August 27, 1973. Mr. Sullivan did not accept the position.
6. Library
Mrs. Janice Speer Lange, Acting Reference Librarian, effective
August 17, 1973. Mrs. Lange was employed on a temporary basis
while Mrs. Ann Prassel was on leave.
7. University Computer Center
Mr. Jimmy N. Alford, Computer Operator, effective September 21,
1973. Mr. Alford accepted other employment.
8. Physical Plant
Mr. Alvin Gossage, Electrician, effective August 30, 1973. Mr.
Gossage resigned for personal reasons.
9. Student Affairs Division
Mrs. Pamella C. Collins, Administrative Secretary to Vice President
for Student Affairs, effective July 31, 1973. Mrs. Collins is
moving to Dallas.
21-5
Mrs. Linda Gail Holt, Program Consultant, effective August 23,
1973. Mrs. Holt resigned in order to devote more time to her family.
Mr. Vincent Louis Lembo, Director of Residence Hall Programs, Student
Development, effective August 1, 1973. Mr. Lembo is leaving to
continue his education.
74-4
Upon motion of Regent Gray, seconded by Regent Justice, with all Regents
voting aye, it was ordered that the following changes in status be approved
1. Department of History
Dr. Bobby H. Johnson, Associate Professor of History, from a salary
rate of $13,200 to $13,400 for nine months, effective September 1,
1973. This is to correct a budget error.
2. Department of Mathematics
Dr. Jasper E. Adams, Associate Professor of Mathematics, from a
salary rate of $12,000 to $13,250 for nine months, effective September
1, 1973. Dr. Adams will teach three-fourths time and direct the
Statistics Laboratory one-fourth time.
3. University Computer Center
Mr. Benjamin W. Jarboe, from Systems Programmer at a salary rate
of $10,700 to Manager of Systems and Operations at a salary rate
of $14,000 for twelve months, effective September 1, 1973.'
4. Student Affairs Division
Mr. Oscar Clay Blankenship from Laundry Vending Route Man to Food
Vending Route Man, at a salary rate of $7,209 for twelve months,
effective September 1, 1973.
Mrs. Almita Musick from Director of Placement to Director of
Residence Hall Programs, at a salary rate of $12,000 for twelve
months, effective September 1, 1973. Mrs. Musick is filling the
position vacated by Mr. Lembo.
Mr. Van P. Samford from Associate Dean of Student Development to
Director of Placement at a salary rate of $16,400 for twelve
months, effective September 1, 1973.
74-5
Upon motion of Regent Todd, seconded by Regent Powers, with all Regents
voting aye, it was ordered that the following leave of absence be
approved:
21-6
1. Department of English
Dr. Leonard A. Cheever, Associate Professor of English, for the
academic year, 1973-74. Dr. Cheever has accepted an appointment
as Latin American Teaching Fellow in Guatemala.
74-6
Upon motion of Regent Todd, seconded by Regent Justice, with all Regents
voting aye, it was ordered that the following returns from leave be
accepted:
1. Department of Art
Mr. Donald Ray Beason, Assistant Professor of Art, at a salary rate
of $10,850 for nine months, effective August 27, 1973. Mr. Beason
was in Italy on a Fulbright-Hays Grant for one year.
2. Department of Geology
Dr. Nancy S. Alexander, Assistant Professor of Geology, at a salary
rate of $12,000 for nine months, effective August 27, 1973. Dr.
Alexander has completed the Ph.D. degree at Southern Methodist
University.
3. University Computer Center
Mr. Al Trussell, Director of the University Computer Center, at a
salary rate of $18,800 for twelve months, effective September 1,
1973. Mr. Trussell attended a summer institute of linguistics at the
University of Oklahoma.
74-7
Upon motion of Regent Cullum, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following retirement be accepted:
1. Physical Plant
Mr. Joe L. Kinsey, Air Conditioning and Electrical Systems Specialist,
effective August 31, 1973.
74-8
Upon motion of Regent Powers, seconded by Regent Cullum, with all Regents
voting aye, it was ordered that the final August 31 budget standings for
the fiscal year 1972-73 as summarized hereafter and as detailed in the
August Monthly Financial Report be approved.
(see attached list)
21-7
STEPHKN F. AUSTIN STATE UNIVERSITY
FINAL BUDGET POSITION
FOR THE TWELVE MONTHS ENDING AUGUST 31, 1973
Current Funds 1972-73
Educational Auxiliary Pledged
and General Enterprises Properties Total
Income - Original budget estimate $ 9,773,550.00 $792,350.00 $6,431,550.00 $16,997,450.00
Income - Actually realized 9,845,832.24 839,954.69 6,701,744.86 17,387,531.79
oo
Expenditures - Orig. budget estimate 9,734,422.00 841,595.00 6,050,781.00 16,626,798.00 1
Expenditures - Actually incurred (*1) 10,043,479.82 870,887.90 5,754,271.79 16,668,639.51 ^
Ending Balance - Orig. budget estimate 439,128.00 150,755.00 880,769.00 1,470,652,00
Ending Balance - Actually Realized 320,639.85 326,731.77 729,887.73 1,377,259.35
(*1) Includes payment of
8-31-72 Orders Outstanding 303,023.08 10,225.90 74,486.23 387,735.21
74-9
Upon motion of Regent Gray, seconded by Regent Justice with all Regents
voting aye, it was ordered that the contract for $409,045, and Change
Order No. 1 for $3,600.00, with Pigg Construction Company of Center,
Texas, for the renovation of the Boynton Building be approved and the
Chairman of the Board be authorized to sign the contract as follows:
21-9
10
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the 13th day of October, 1973
by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner" and PIGG CONSTRUCTION COMPANY,
CENTER, TEXAS , hereinafter called
"Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"BOYNTON BUILDING RENOVATIONS, STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS "
prepared by Kent, Marsellos & Scott, Architects - Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
21-10
11
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "BOYNTON BUILDING RENOVATIONS
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS" .
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated September 21, 1973
Addendum No. 2, dated September 27, 1973
Addendum No. 3, dated September 28, 1973
1. This Contract is to cover the General Contract Work, Elevators,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete . The said Drawings, and each and all of said Specifications and
"General Conditions" are made a part of this Agreement for all
intents and purposes; provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement; this Agreement shall control and govern.
-2-
21-11
12
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed within 240 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $250.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.47 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
FOUR HUNDRED NINE THOUSAND FORTY-FIVE DOLLARS ($409,045.00)
out of Funds appropriated to Stephen F. Austin State University by
House Bill 139 of the Sixty-Third Legislature Regular Session
and Surplus Funds available to the Owner for expenditure for the
use and benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $379,495.00
Alternate No. 1 +15,100.00
Alternate No. 2 + 9,000.00
Alternate No. 4 + 5,050.00
Alternate No. 5 + 400.00
Contract Price $409,045.00
21-12
13
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
-4-
21-13
14
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-5-
21-14
15
Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employerfs Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $100,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance : In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
-6-
21-15
16
to any one person, and subject to the same limit
on account of one occurrence; Property Damage Insurance in
an amount not less than $100,000.00 each occurrence;
$300,000.00 aggregate.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions'1. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-7-
21-16
17
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Contractor shall provide Builder's
Risk Insurance as specified in Paragraph 1.6 of Specifications in
the amount of $500,000.00 in the names of the Contractor, Subcontractors,
Owner and Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor l/e, 006.00
Materials ^^ °^5
Total $409,045.00
~8~ 21-17
PAYMENT BOND 19
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKSS
KNOW ALL MEN BY THESE F^ESENTS: That we
(1) Plgg Construction Company , :
a (2) Corporation
°* r*ntssr$ TftMfi hereinafter called Principal and
(3) Safeco Insurance Company of Amerlgfe Seattle ,
State of Washington hereinafter called the Surety,
are held and firmly bound unto (4) LCAllD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto ail persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Four Hundred Nine Thousand Forty Five and No/100 ----«»-»
DOLLARS ($ 409,045,00 j
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS , for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that vYhereas, the Principal entered into a certain contract with
(6) BCAJtD OF IULGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
21-19
20
-2-
dated the 13th day of October & r> , n 73
a copy of which is hereto attached and made a part hereof for the
construction of; Boynton Building Renovations, Stephen F. Austin
State University, Nacogdoches, Texas
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature
Regular Session, 1959, effective April 27, 1959, supplying labor '
and materials in the prosecution of the work provided1 for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County
State of Texas, and that the said Surety, ior va4u« received-hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
21-20
21
-3-
IN WITNESS WHEREOF, this instrument is executed in
counterparts, each one of which shall be deemed an original, this
the
OM,
ATTEST:
day of October A.D., 19 73
Pigg Construction
Principal
(Principal) Secretary
SEAL
Franklin Pigg, Pres
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Safeco Insurance Company of America
Surety
BY
a)
the Owner, dated the 13th day of October 1973 A. D.,
19 73, a copy of which is attached hereto and made a part
hereof for the construction of:
21-22
23
Roynton Building Renovations, Stephen F» Austin State University,
Naccgdoches, Texas
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well,
truly and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety,, aad, .if-he shall satis-fy
all claims and demands incurred under such Contract, and shall
fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay aad expense which
the Owner may incur in making good any default, then this obli
gation shall be void; otherwise to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any
and all defects in said work occasioned by and resulting from de
fects in materials furnished by, or workmanship of the Principal
m performing the work covered by said Contract, occurring within
..* P.e.r.l°-d._^_twelve (12) months from the date of the Contract Com
pletion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDED, HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature
1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same
extent as if it were copied at length.
21-23
24
-3-
IN WITNESS WHEREOF, this instrument is executed in five
counterparts, each one of which shall be deemed an original, this
the
9th
ATTEST:
day of October A.D. ,
Pigg Construction Company
Principal
(Principal) Secretary
SEAL
Franklin Pigg, Prcfc ent
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Safeco Insurance Company of America
Surety
BY
ttorney-in-Fact
Witrfess^ to Surety
534 Gulledge Lane, Dallas, Texas
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
21-24
25
74-10
Upon motion of Regent Gray, seconded by Regent Cullum, with all Regents
voting aye, it was ordered that the architectural contract with Kent,
Marsellos § Scott to design and supervise the construction of an observatory
be approved and that the Chairman of the Board be authorized to sign the
contract, as follows:
21-25
26
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES J
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES $
THIS AGREEMENT made as of the Thirteenth day of October in
the year Nineteen Hundred and Seventy Three and between the BOARD OF
REGENTS STEPHEN F^ AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, AN OBSERVATORY
BUILDING, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Par
agraph 1.1; Eight Per Cent (8%) of the project
construction cost; hereinafter referred to as the Basic Rate, and
-1-
21-26
27
such other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Departmental Operating
Account - Physics Department, and other funds available
to the Owner for expenditure for the use and benefit of
Stephen F. Austin State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and con
sultants time as agreed upon between the Owner and the
Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
_2- 21-27
28
Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate,
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
-3-
21-28
29
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
-4-
21-29
30
1.1.13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architects observations
at the site as provided in Subparagraph 1.1.14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
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and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro-
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visions of the Contract Documents whether or not such Work be then
fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing
any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representative to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
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1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protections for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
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1.3.5 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3.10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
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sentative shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
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services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
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3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor's methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
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3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site,
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
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as follows:
6.1.1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase —25%
Construction Documents Phase 75%
Construction Phase ■ 100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1.3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension of abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
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accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Architect
shall be paid his compensation for services performed to termination
date, including Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall re
main the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner
on other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect all covenants of this Agreement. Neither the
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Owner nor the Architect shall assign, sublet or transfer his interest
in this Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. This agreement to arbitrate
shall be specifically enforceable under the prevailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
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the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agree
ment may be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in three counterparts.
IN WITNESS WHEREOF the parties hereto have made and exe
cuted this Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By.
ATTEST:
President of the Board
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
Partner
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74-11
Upon motion of Regent Gray, seconded by Regent Justice, with all Regents
voting aye, it was ordered that Change Order No. 8 for $12,722 to be
added to the Loggins Construction Company contract on the Stadium project
be approved, and the Chairman of the Board be authorized to sign the
Change Order.
74-12
Upon motion of Regent Bergman, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the Amendment to the Blue Cross Insurance
contract for employees, providing for a definition of full-time employment
affecting the eligibility of a participant, be approved and the Chairman
of the Board be authorized to sign the Amendment, as follows:
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GROUP
Dallas, Texas
iplicarion is hereby made to AMEND, effective Se_£ie_mbejr_J_,
DN-CANCELLABLE EXPERIENCE RATED HOSPITALIZATION CONTRACT NO.
INC.
9418
-OS follows:
- changing the Eligibility Regulations in the application to provide that employees
.o work at least 80 hours per month shall be eligible to apply for coverage under
ie contract*